Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region
Branch 21, Manila

PIOLO PASCUAL,
Complainant,
Crim. Case No. 12345678
-versus- For: Estafa (violation of Art.
315, RPC: Deceit/ Swindling)
& Violation of BP 22
LUIS MANZANO,
Defendant,
x - - - - - - - - - - - - - - - - - - - - -x

JUDICIAL AFFIDAVIT

I, PIOLO PASCUAL, Filipino, of legal age, single and a resident of

123 ABC Street, Sta. Cruz, Manila, Philippines, The complainant in this
case, state under oath as follows:

PRELIMINARY STATEMENT
The Person examining me is Atty. JO-AN C. PABLO with address at
321 Muralla St., Intramuros, Manila, Philippines. The examination is
being held at the same address.
I am answering her questions fully conscious that I do so under oath and
may face criminal liability for false testimony and perjury.

PURPOSE:
This Affidavit is being offered to prove that Defendant, LUIS
MANZANO issued several DISHONORED CHECKS to PIOLO
PASCUAL, the Complainant in this case.
It is respectfully prayed that this Judicial Affidavit of PIOLO
PASCUAL be admitted as the Direct Examination of the witness in
order to expedite the proceedings.

DIRECT EXAMINATION QUESTIONS:

1. Q: Mr. Witness, please state your name and other personal
circumstances for the record

A: I am PIOLO PASCUAL, Filipino, 30 years old, Single, and a

resident of 123 ABC Street, Sta. Cruz, Manila, Philippines. I am the
proprietor of Pascuals Hardware Store.

2. Q: Are you the same complainant in this case?

A: Yes I am.

3. Q: Do you know a certain LUIS MANZANO?

A: Yes I do.

4. Q: How do you know him?

A: He is a frequent buyer in my Hardware Store. He came into my

store one day and ordered 3,000 sacks of cement for the construction
of his new house. He talked to me personally and asked if he could
just pay through check because he is very busy that day and can no
longer give me the cash equivalent of the purchased cements. I agreed
because I understood his situation because I am also a busy man.

5. Q: When was this? Can you recall?

A: Yes, this happened on October 20, 2016.

6. Q: When he ordered for the 3,000 sacks of cement from you, how did
he pay for it?

A: As agreed, he issued a check.

7. Q: What was the amount of the check that he issued? Can you recall?
 A: Yes. It was in the amount of Php 720,000.00.

8. Q: After he issued the check, what did you do next? If any?

A: Well, I immediately delivered to him the 3,000 sacks of cement on

that same day.

9. Q: Now going back to the check, what was the name of the bank?
Would you know what branch?

A: Yes. It was a LandBank Check, DOLE Branch.

10. Q: Showing to you a LandBank check drawn attached as Annex

A, can you confirm if this is the same check that Mr. Manzano
issued to you?

A: Yes, that is the one.

11. Q: At that time that Mr. Manzano issued the check, was there
anything else that he did, if any?

A: Yes. He gave me the assurance that the check is good and that it
will be covered by sufficient funds when presented for payment.

12. Q: After Mr. Manzano issued the check, what did you do next? If
any?

A: I deposited the check to my account.

13. Q: After you deposited the check, what happened next, if any?

A: I was shocked when I was informed by my bank that the check Mr.
Manzano issued bounced. The bank informed me that it was drawn
against a CLOSED ACCOUNT.

14. Q: Upon learning of the dishonoured check, what did you do next?
If any?
 A: I immediately informed Mr. Manzano of the dishonoured check
and I demanded from him that he make good the said check within 5
days.

15. Q: You said that you made a demand, how did you do this? Was
this oral or written?

A: I called him first then I also sent a written demand.

16. Q: Showing to you a demand letter, attached as Annex B, can

you confirm if this is the same demand letter that you sent to Mr.
Manzano?

A: Yes that is the demand letter that I sent him.

17. Q: After you sent the demand letter, what happened next? If any?

A: He called my office, he apologized for the mishap, and he

promised to deliver another check to cover the amount.

18. Q: Was he able to deliver another check to cover amount?

A: Yes. He delivered 2 checks this time.

19. Q: 2 checks? Do you recall what bank?

A: Yes 2 checks, each with the amount of Php360,000.00. It was with

Metrobank

20. Q: Showing to you two (2) Metrobank checks attached as Annexes

C and D respectively; can you confirm if these are the same
checks that Mr. Manzano delivered to you?

A: Yes, those are the same ones.

21. Q: After he delivered those 2 Metrobank checks, what did you do

next? If any?

A: I immediately deposited the same.

22. Q: After you deposited the checks, what happened next? If any?
 A: Again, I got a call from the bank, this time informing me that both
checks were returned for the reason that they were drawn against
insufficient funds.

23. Q: After you learned that both checks bounced, what did you do
next? If any?

A: I personally tried to contact Mr. Manzano on his phone, but he

refused to take my calls.

24. Q: After he refused to take your calls, what did you do next? If
any?

A: I consulted with my Legal Counsel.

25. Q: After you consulted with your Legal Counsel, what happened
next? If any?

A: My Legal counsel sent a formal demand letter through registered

mail with return card on November 3, 2016, which was received by
the said defendant on November 4, 2016.

26. Q: Showing to you a demand letter, attached as Annex E, can

you confirm if this is the same demand letter that your counsel sent to
Mr. Manzano?

A: Yes that is the demand letter that we sent him.

27. Q: After Mr. Manzano received the demand letter, what happened
next, if any?

A: Nothing. He continues to ignore the demand to pay.

28. Q: As of this time, has the amount of Php 720,000.00 been paid?

A: No. Mr. Manzano has not paid a single centavo for the 3,000 sacks
of cement he ordered.
29. Is there anything more you would like to inform this Honorable
Court relative to this case?

A: No more. Madam.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand on this

th
27 day of December 2016 in Manila, Philippines.

PIOLO PASCUAL
Affiant

SUBSCRIBED AND SWORN to before me on this 27th day of

December, 2016, at Manila, affiant exhibited to me his Philippine
Passport No. AB1229812, issued in Manila on January 21, 2010.

Doc. No._______;
Page No._______;
Book No._______;
Series of 2016.

ATTESTATION

I, ATTY. JO-AN C. PABLO., with office at Muralla St.,

Intramuros, Manila, under oath, hereby depose and say:

That I personally conducted the direct examination of Piolo

Pascual; that I faithfully recorded the questions I asked and the
corresponding answers he gave; that neither I, nor any other persons
present coached Piolo Pascual regarding his answers.

ATTY. JO-AN C. PABLO

Affiant

SUBSCRIBED AND SWORN to before me on this 27th day of

December, 2016, at Manila, Philipines, affiant exhibited to me her LTO
License No. N04-97-400000, issued on October 21, 2014 at Manila,
Philippines. .
Doc. No._______;
Page No._______;
Book No._______;
Series of 2016.